Continental Casualty Company v. St. Paul Surplus Lines Insurance Company

Filing 61

ORDER signed by Judge Morrison C. England, Jr on 1/20/2009 ORDERING 20 Given the length of time the Motions for Summary Judgment have already been pending, as well as the uncertainty concerning when the rulings on the discovery will in fact be fort hcoming, the Court hereby DISMISSES, without prejudice, said Motions 20 and 22 , with the directive that said Motions may be refiled, as necessary, not later than 20 days following the Magistrate Judge's disposition of the currently pending discovery motions. (Reader, L)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 15 16 DefendantS. 17 ----oo0oo---18 19 20 21 22 23 24 25 26 27 28 Counsel in the above entitled action have submitted a Stipulation and Proposed Order for continuance of the hearings on Plaintiff Continental Casualty's Motion for Partial Summary Judgment, and Defendant St. Paul's Motion for Summary Judgment, both of which are presently scheduled to be heard on February 6, 2009. The continuance request is premised on counsel's ST. PAUL SURPLUS LINES INSURANCE COMPANY; DOES 1 through 10, inclusive, ORDER CONTINENTAL CASUALTY COMPANY, NO. 2:07-cv-01744-MCE-EFB UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

contention that rulings on certain discovery motions currently pending before the Magistrate Judge assigned to this matter are necessary in order to properly respond to the Motions for Summary Judgment. 1

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Given the length of time the Motions for Summary Judgment have already been pending, as well as the uncertainty concerning when the rulings on the discovery will in fact be forthcoming, the Court hereby dismisses, without prejudice, said Motions (Docket Nos. 20 and 22), with the directive that said Motions may be refiled, as necessary, not later than twenty (20) days following the Magistrate Judge's disposition of the currently pending discovery motions.1 IT IS SO ORDERED. Dated: January 20, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Although counsel's stipulation also requests that Plaintiff's Motion for Sanctions for Spoliation of Evidence (Docket No. 57) also be continued, following review of that Motion the Court has determined that said Motion should be heard before the assigned Magistrate Judge, who will contact the parties with respect to an available hearing date before him. 2

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